News Release: What Influenced Judge Mark Martin’s Decision

Is There a Double Standard? If the Circumstances Had Been Different and a Catholic had Attacked the Pope ‘zombie’ Would the Charges Have Been Dismissed?

(Harrisburg) — On December 6th Magisterial District Judge Mark Martin dismissed harassment charges that had been filed against a Muslim who allegedly accosted, harassed and choked an atheist Ernest Perce who, along with a friend, participated in the Mechanicsburg’s Halloween parade. Perce dressed as the zombie Muhammad while his friend “Carl” depicted a zombie pope. The American Family Association of Pennsylvania (AFA of PA), a traditional values group, does not support the depictions of Muhammad and the Pope as zombies, but finds the facts around the case very troubling.

“It is troubling that a Pennsylvania magisterial district judge would quote sharia law, with a copy of the Quaran on his bench, when addressing a plaintiff to tell him his ‘crime’ of depicting the Prophet Muhammad would be punishable by death in Muslim countries while he downplays the importance of our own First Amendment. The obvious question is whether the judge, an Army reservist who served two and a half years in Muslim countries, was influenced by Islam during his time in those countries” stated Diane Gramley, president of the AFA of PA.

A cell phone was used to videotape the October 11 incident, but the judge would not allow that to be admitted as evidence. Additionally, he dismissed the testimony of a Mechanicsburg police sergeant who had questioned Talaag Elbayomy about the incident, thus bringing the trial down to an issue of one man’s word against another’s. The judge browbeat the plaintiff, lecturing him on the Islamic religion and the culture surrounding it.

“Some reports have stated Judge Martin is a Muslim and if that is the situation, it has definitely influenced his decision in this case. But even if he is not a Muslin, it is astounding that any judge sitting on a Pennsylvania bench would dismiss the statements of a defendant. Mr. Elbayomy admitted he thought what Mr. Perce was doing was illegal and he “had to do something for my son, my family, for my religion, for my prophet.” In the videotape there is evidence of an altercation. The judge has thrown the First Amendment out the window. I can guarantee you that there were more Catholics standing on the sidewalks of Mechanicsburg that October evening, yet they did not feel compelled to attack “Carl” who depicted the Pope as a zombie. One wonders if that had been the case and a Catholic attacked “Carl” would the charges have been thrown out?” questioned Gramley.

This is absolute nonsense! Feel free to write a letter of protest to Judge Martin: Magesterial District Judge Mark Martin, 507 N. York St. Mechanicsburg, PA 17055; feel free to protest to PA Governor Corbett: 225 Main Capitol Building, Harrisburg, Pennsylvania 17120. Remember to be civil and polite! We will not get anywhere with threats or violence!

ray fry

The Judge should have dismissed himself from this case due to personal bias. Is there any legal organization that will step up to question the Judges bshavior, as could be a very bad precident.

John Smith

How come no website wishes to determine and disclose the political party to which Judge Mark Martin is a member?

Even if Martin is a non-political judicial appointee or electee, he likely still is a member of a party.